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Terms Of Services For All Network Members

Terms Of ServicesFor All Network Members

PREAMBLES

The terms of services (TOS) you are about to accept are a legally binding agreement between you ("User") and the owner of the interactive news platform ("Newsroom" or "ATC platform"), ATC Future Medias ("ATCFM"), AllTheContent News Agency ("ATCNA") and its exclusive licensor AllTheContent ("ATC"). In the rest of this document, all those entities are defined by the acronym "ATC". By becoming a member of the Newsroom or by using the website after login or any of our services, you are entering into a legally binding agreement with ATC by the present Terms of Services as well as additional terms. Such Terms of Services and these additional terms shall be the "Terms of Service." ATCFM, ATC or ATCNA may change the Terms of Service from time to time and post any modified terms at http://newsroom.atcna.net/TOS.html. You understand and agree that if you use the Service after the date on which these terms have changed, the Newsroom will treat your use as acceptance of the updated terms.

If you do not want to register and become a Newsroom User, do not complete the Agreement, do not click "Join ATC" and do not access, view, download or otherwise use any ATC webpage, information or services. By clicking "Join Now", you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking "Join Now", you also consent to using electronic signatures and acknowledge your click of the "Join Now" button as such.

In all our documents, Users may be referred too as he/she/other regardless of their gender. ATC may use gender-specific pronouns in documentation; such usage does not involve or imply any limitation or preference between genders nor the limitation to male or female as only gender. The indication of gender is optional.

Where ATC has provided you with a translation of this Agreement from English in other language, and/or for any other documentation, you agree that the translation is provided for your convenience only and that the English versions of this Agreement, and any other supporting documentation, will govern your relationship with ATC.

If you need more information about company, product, roles within the Newsroom or opportunity for network member, please visit our websites.

1. INTRODUCTION

As the press agency of the digital era, AllTheContent News Agency brings competitive and flexible solutions to all broadcasters, with original multi-thematic and multi-media newswires (text/sound/photo/video/rich media) as well as innovative options for interactive convergence. ATC can count on references from the field of new media (satellite, Web, mobile, SMS, MMS, OTT, interactive TV, digital signage) as well as from traditional international media (print, radio, TV). ATC works with a network of independent talents, whether exclusively or not, who propose subjects and upload content to the Newsroom, and may receive occasional or regular orders from ATC.

Talents are all type of talent related with the world of production, journalism, art, television, media, public performance or any other type of creative works. Content Producers may choose one skill or more where they can perform and provide professional services against payment. Such skills could be but not limited to journalist, writer, editor, translator, proof checker, photographers, director, video producer, sound engineer, lights, cameramen, video editors, voice over artist, experts, consultants, speakers, opinion leaders, poets, crossword creators, artists, IT technicians or other necessary skills to the ATC business. Powers user controlling the work, performance and compliance of one or more Content Producers are Content Managers (CM) or Operation Manager (OM), depending on their experiences and capabilities.

When providing information and accepting these terms and conditions by selecting "I have read and agreed the general terms and conditions", and clicking "Join the Newsroom", Users become members of the ATC Newsroom. Members of the Newsroom gain access to ATC's services and become members of ATC's network of content producers and rights holders, this enables them: to receive contract offers and propositions of deals that Users are free to accept or decline; to use the Newsroom in order to increase their visibility and potential development opportunities; to propose ideas for content to be created; and to communicate with ATC team or other network member.

By becoming a User of ATC's Newsroom, Users agree to grant ATC the right to act as an exclusive agent for the missions obtained via ATC, including on an exclusive basis for all the content stored on the Newsroom. ATC collects personal data from Users and offers their talent and content to its clients. Users shall receive no revenue solely by virtue of being a member. To become a member of the network is free, and no membership fee will be charged by ATC. . User is an independent contractor, and must be legally acting as such. This Agreement is neither a partnership agreement nor an employer-employee contract, therefore, in terms of any tax, social security or any other legal obligations, Users will be responsible for their own tax arrangements, including all liabilities with paying pension, social taxes or compliance with local laws, paid and managed independently by Users.

2. PROCESS AND DOCUMENT

For the sake of clarity, here is a reminder of the various steps and legal documents that are required to collaborate with ATC, as well as some specific vocabulary used on our platform and in related contractual material.

First of all, the User (you) enters the ATC ecosystem by giving basic details and accepting the terms of services (TOS) of the platform. This is what you are doing now. Secondly, you will requested to provide us with a detailed profile, with valid information, to enable collaboration and accept Terms & Conditions for your "Role" (T&C). At this stage, you are considered as a member of the network. Thirdly, you will select your proven "Skills", the type of services and talent you'd be able to professionally provide against payment. Each selected skill may involve a specific additional appendix to the terms and conditions as well as the provision of some additional information. You may change all the details and the list of skills at any time.

After an agreement on any types of collaboration that we propose you accordingly to your role, working scope and skills, such agreement is transformed into a "deal". Users can have an unlimited number of deals running in parallel. In addition to the general terms of services, the specific terms and conditions for each role and for each skills, each deal may include a unique set of additional terms and conditions that is integrally part of the agreement once the deal is accepted.

The terms of services, terms and conditions and detailed profile information are the Contractual Agreement binding ATC and the Member, and acceptance of the contract by Usage of the platform is considered as a valid electronic signature. Contracts may be partially or fully updated by ATC or by the User as much as necessary and at any time. Once completed for first time, in case of updates or at any time, Users may obtain and receive a PDF version of the contract by email or download it at any time from User's profile. By accepting this contract, Users gives an unlimited, non exclusive, free, sub licensable, permanent rights to use the provided information for communication, sales and demonstration purposes, including but not limited on websites, blogs, trade shows, printed brochure, marketing materials and so on. All the information provided stays in full property for the Users, as per the present Data Protection clause of the present TOS.

3. GRANTED RIGHTS, SERVICE LEVEL AGREEMENT AND OBLIGATIONS

On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable license and the right to access the Newsroom and ATC's ecosystem. Any other use of ATC's services contrary to its intended purpose is strictly prohibited and a violation of this Agreement.

For as long as ATC continues to offer Services, ATC shall provide and seek to update, improve and expand its Services. As a result, we allow Users to access ATC as it exists now or in the future, and for as long as it remains available, with no other obligations except those expressly stated in this Agreement. We target the best services and the maximum availability but there is no service level agreement other than "best effort". We may modify, replace, refuse access to, suspend or discontinue ATC, partially or entirely, at our sole discretion.

For the avoidance of doubt, ATC has no obligation to store, maintain or provide you with a copy of any content that you or other Users submit when using the Services. For your own record, ATC requests Users to retain a copy of any content on their hard drive under a specific file name.

Users are responsible for their own expenses relating to this collaborative partnership with ATC (e.g. Internet access, computers, etc.) as well as for having the necessary computing power, Internet speed and appropriate program to use ATC's services.

ATC may suggest usages of and/or include links in its documentation to third party web services or application (ie: LinkedIn, Firefox, Facebook, Podio and more). You are responsible for evaluating whether you want to access or use such third party website. You should review any third party website's applicable terms and/or privacy policies before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not.

Being a member of the Newsroom does not force the User to upload content to it, to answer order proposals, accept orders or deals or propose periods of availability. After one (1) full year of no connexion to the platform and without other information from the User, ATC may terminate the agreement at its own discretion. Users can terminate this agreement at any time in the dedicated section of their profile page.

Unless there is a written agreement specifying this option, Users are not authorized to transfer rights and obligations granted by this contract to others. To perform services or for any strategic or commercial reasons, ATC can transfer the rights and obligations ensuing from this contract.

ATC manages its internal organization without let or hindrance and does not have to account for its internal efforts to develop content sales to Users. Despite its will to maximise sales and take transactional revenue accordingly, ATC cannot guarantee any kind of results to Users. ATC can freely contract with third party companies in order to sell content provided by Users and generate new stream of revenue with it.

4. TERMS OF USE

To be eligible to use the Newsroom, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently excluded from the Newsroom, nor otherwise prohibited from having an ATC account; (3) are not a competitor of ATC nor using the Newsroom for reasons that are in competition with ATC, that you will not provide information or screenshots to competition based on your usage; (4) will only maintain one ATC account at any given time, except with written agreement; (5) have full power and authority to enter into this Agreement and in doing so do not violate any other agreement to which you are already a party of.

You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users' accounts; (4) not to capture any screenshot, content or process of ATC's services. Furthermore, you are responsible for anything that happens through your account until you close it down or prove that your account security has been compromised through no fault of your own.

When becoming a member, you must provide true and exact information, which you will be able to complete or modify at any time should any changes occur. Please refer to our data protection policy and take note of your right to access, modify and/or remove any of the personal data you have provided to us.

ATC does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by users of the community. The current process is already very deeply secured with two levels of validation and verification. Therefore, ATC disclaims all liability for identity theft or any other misuse of Users' identity or information.

It is up to Users to learn how to use the Newsroom and its functions, to provide accurate information in their profile, to comply with the agreed deals, to manage their work so that every step taken within the Newsroom is as efficient as possible, which will increase commercial opportunities for both Users and ATC. Nevertheless, it is highly recommended that Users contact ATC with any questions or issues about using Newsroom.

ATC's liability is not engaged if the service is temporarily suspended, partially limited or even impossible to use in the event of "force majeure". "Force majeure" includes, but is not limited to: natural disasters (floods, storms, etc.); wars; terrorism; strikes; unforeseen legal restrictions; power shortages; Internet breakdowns; lack of delivery services such as post or email; viruses; etc.

5. DATA PROTECTION

The goal of the Newsroom is to improve content trades, orders, offers and communication between Users and ATC. By joining the Newsroom, you voluntarily and willingly provide ATC with certain information, including personally identifiable information, which we collect in order to provide the Services. To become a User, the following information will be requested to create an account: name; first name; company; date of birth; city of residence; mobile telephone number; fixed-line telephone number; username; Skype username; email address; mother tongue; spoken and written languages; academic qualifications; profession; personal interests; current clients; references; specialization themes; own production tools; and any other information deemed necessary to complete your profile or that you may provide later on. Some information are compulsory, others are optional. Without prior notice, written or spoken communications may be recorded by ATC for communication archive purposes, or for staff training purposes.

You have the right to access, modify, correct and delete the data you supply to ATC. If you update any of your information, we may keep a copy of the information you originally provided to us in our archives for the uses documented in this policy. You may request deletion of your information at any time by contacting ATC. We will respond to your request within 30 days.

ATC shall retain your information for as long as your account is active or is needed to provide your services. Your personal information is collected and processed for the exclusive purpose of improving commercial exchanges with our clients, to perform our business objectives and to keep a database of the members in our network. However, some personal information shall be provided to our clients to promote your content. If you wish to close your account, we will retain and use your information as long as necessary to comply with our legal obligations, resolve disputes, and enforce this Agreement. In event of a User's death, we will close his or her account on request from a family member.

The information you provide to ATC may reveal, or allow others to identify your nationality, ethnic origin, gender, age and other aspects of your life. By providing information to us for the purposes of creating your User account or adding any additional details to your ATC profile, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and ATC's User Agreement that allow ATC to process information about you. Supplying information to ATC, including any information deemed "sensitive" by applicable law, is entirely voluntary on your part. You have the right to withdraw your consent to ATC's collecting and processing your information at any time.

It is possible that we may need to disclose personal information, profile information and/or information about your activities as an ATC User when required by subpoena or other legal process, or if ATC has a good faith belief that disclosure is necessary: (a) to investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (b) to enforce the User Agreement, to investigate and defend ourselves against any third party claims or allegations, or to protect the security or integrity of our site; and/or (c) to exercise or protect the rights, property or personal safety of ATC, our Users, employees or others.

To protect any data you store on our servers, ATC also regularly audits its system for possible vulnerabilities and attacks, and we use a tier-one secured-access data center. However, since the Internet is not and will never be a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to ATC. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical or managerial safeguards. It is your responsibility to protect the security of your login information as well as all personal data or content.

If you have any questions or comments about this data protection policy, please contact us.

6. CONFIDENTIALITY

Users formally commit to using any of the information entrusted by the other Party only for the purposes of contract discussions and/or execution of contracts. By receiving information of any kind transmitted by one of the parties, the Recipient commits to protect it, store it in a secure location, and keep it strictly confidential. Furthermore, this information shall be treated with extreme care and effective protection put in place, in particular any measures preventing access to the data by unauthorized persons.

All written and/or oral information provided by one Party to the other is strictly confidential. Such information includes, but is not restricted to: remuneration methods; organizational structures and systems; business models; rates; technical infrastructure; content; contract content, strategies as well as the provisions contained in any binding agreements between the Parties. In the event of contract termination, the confidentiality clause still applies in its entirety for 36 (thirty six) months from the termination date. The obligation of confidentiality defined in this Agreement does not apply to information which was in the public domain prior to the date of its disclosure or communication; information which comes into the public domain after this date without violating this Agreement; or information that the law, applicable regulation or a court decision would oblige to reveal. ATC expressly guarantees the adherence to the obligations contained in this Agreement by its employees and by the members of its network. If ATC enters into a contract with a third party for the purposes of discussions and/or execution of contracts, this third party company and its employees individually commit to adhering to the same confidentiality obligations as those contained in this Agreement.

7. INTELECTUAL PROPERTY

The Newsroom is a patent pending exclusive tool, invented, enriched and owned by ATC. It cannot be reproduced or duplicated, its systems and functions cannot be divulged and its software cannot be copied, subject to judicial prosecution. Other ATC's tools or methods that have been or will be - provided, demonstrated, suggested or explained - are also covered by the same trade secret and intellectual property rights. In regards to the Newsroom, other platforms or any project presented to you by ATC, you may not attempt to, nor assist or encourage others to, circumvent, disable, defeat, reverse-engineer, decompile, or tamper with any of the security features or components related to the Newsroom or any other services provided or demonstrated by ATC, ATCNA or ATCFM.

All graphics, videos, audio content, texts, source codes, icons, branding, products names trademarks, commercial names, databases, source code, process, workflow, business methods, contracts, concepts, logic, or any other unique work created by ATC, its partners or its team are exclusive to ATC and cannot be exploited, transmitted, copied and/or used as inspiration, in any way, completely or partially, by any other party that ATC. Property rights and revenues associated with content production and service provision are detailed in the contract of each role.

8. NULLITY

In the event of any present or future provisions contained within this contract becoming void or unenforceable, in whole or in part, this will not affect the validity of the remaining provisions within the contract. However, both parties will make every effort, in good faith and adhering to the original intentions, to negotiate and implement one or several clauses resolving the issue.

9. CONTRACT'S UPDATES AND TERMINATION

Users may terminate their membership in the network, for any or no reason, at any time, with the appropriate notice to ATC. Except in the case of other agreements, the delay for notice to take effect is maximum of 30 days, by using the dedicated function to terminate the account online from Users' profile. Once received, termination will be effective in two months, within the frame of the specific clause of the role and running deals. If the member has not proceeded to skills selection and to the signature of the specific terms, membership may be be automatically terminated one year after creation. On request, members may also terminate leave for a specific role or skills while staying a "non active member" of ATC.

Except stated other wise in specific agreement for each role, ATC may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as specified in the notice. Termination of your ATC account includes disabling your access to ATC and may also prohibit you from using ATC at any time in the future.

ATC may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes creating multiple or false profiles; using the Services commercially without ATC's authorization; uses access to compete with ATC; infringing any intellectual property rights or confidentiality obligations; or any other behavior that ATC, in its sole discretion, deems contrary to its purpose.

Such Terms of Services and these additional terms shall be the "Terms of Service." ATCFM, ATC or ATCNA may change the Terms of Service from time to time and post any modified terms at http://newsroom.atcna.net/TOS.html. You understand and agree that if you use the Service after the date on which these terms have changed, the Newsroom will treat your use as acceptance of the updated terms.

10. APPLICABLE LAW AND JURISDICTION

All relationships between ATC and Users that are Network Member are exclusively governed by the laws of Switzerland. Any litigation, which may occur between ATC and Users regarding the interpretation or execution of the contract, shall in the first instance be settled out of court through discussions between both parties and then be the subject of an addendum to the present contract.

If the parties cannot reach an agreement, jurisdiction falls within the remit of relevant court authorities in the Canton of Geneva, Switzerland, to arbitrate and resolve the issue.

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